Hong Kong inheritance lawyer: How do Macau residents inherit Hong Kong Estate?
Macao and Hong Kong are adjacent, and economic exchanges and personnel flows are very frequent. It is often the case that Macao residents leave inheritance in Hong Kong after their death. Macau and Hong Kong are both special administrative regions of China. Each implements a different legal system from the mainland in accordance with the relevant local Basic Law, and has its own independent judicial system. So, after the death of a Macao resident, how can he inherit the estate located in Hong Kong?
1. Jurisdiction: You need to apply for a letter of inheritance in the High Court of Hong Kong
As for the jurisdiction of inheritance, in principle, where the inheritance is located, the inheritance procedures need to be handled in that place. In other words, when a Macao resident dies, if the property left behind is in Hong Kong, the inheritance procedures need to be handled in Hong Kong in accordance with Hong Kong’s inheritance procedures. This is true whether the estate left by the decedent is personal property (e.g., cash, stocks) or real property.
2. Who has the right to inherit: Should the legal provisions of Macau or Hong Kong laws apply?
(1) If the deceased left a valid will, the heirs shall be determined according to the will.
In the case where the deceased left a valid will, who is the legal heir should be determined according to the arrangements in the will. The executor named in the will (or if the will does not specify an executor, the appropriate person applies to serve as the estate administrator) should apply to the Hong Kong High Court for probate, and the Hong Kong High Court will determine whether the will is legal and valid. .
(2) In the case where the deceased did not leave a valid will, which law is used to determine the heirs?
For estates of real estate (such as real estate) left in Hong Kong when the deceased died, the laws of Hong Kong should be applied to determine the heirs of the real estate. This is because the conflict of laws principle of inheritance is that the law of the place where the real estate is located shall apply to real estate.
For inheritance in the form of movable property (such as bank deposits, stocks) left in Hong Kong when the deceased died, the law of the place of domicile of the deceased at the time of death should apply (usually Macao’s inheritance laws) to determine the heirs of the chattel estate. This is because, under Hong Kong’s conflict of laws rules, movable property shall be governed by the law of the place of residence of the deceased at the time of his death. Under normal circumstances, the domicile of Macao residents is Macao. However, there are exceptions. Whether the deceased’s domicile is in Hong Kong or Macau must be determined based on the specific circumstances.
3. Estate administrator: Who has the right to apply to be the estate administrator?
Under the common law implemented in Hong Kong, inheritance is governed by the estate administrator system. This is completely different from Macau. The core of the estate administrator system is that one or more of the heirs (in some cases, they may not be the heirs) apply to the High Court to be the estate administrator (or executor). If approved by the High Court, they will apply to the High Court. The person issues letters of administration (or grant of probate). After obtaining the approval of the court, the estate administrator or executor has the power to manage the will, including handling the estate, distributing it to other heirs, etc.
So, when it comes to inheritance, being an estate administrator makes a lot of sense. So, who has the right to apply to the court to become an estate administrator?
(1) In the case where the deceased left a legally valid will, if the executor is designated in the will, the executor of the will has the right to apply to the Hong Kong High Court for probate and become the executor appointed by the court.
(2) In the case where the deceased left a legally valid will, if the will does not specify an executor, the person who has the right to serve as the executor of the estate should be determined according to the provisions of the law applicable to the case of intestacy ( See below).
(3) In the case of the deceased without a will, the applicant for estate administration should be determined based on whether the estate left by the deceased is movable or immovable property: a. The real estate shall be governed by the law of the place where the real estate is located. If the estate left in Hong Kong is real estate such as real estate, then Hong Kong law shall be applied to determine who has the right to apply as the estate administrator; b. For movable property, the law of the place where the movable property is located shall be applied. If the estate left in Hong Kong is movable property, the law of the place of residence of the deceased (usually Macao law) shall be applied to determine who has the right to apply. You have the right to apply to be the estate administrator.
4. How the Hong Kong Court ascertains Macao’s inheritance laws
As can be seen from the above discussion, if the deceased is a Macao resident and the estate left in Hong Kong is movable property, it is necessary to determine who is the legal heir and who has the right to apply for a letter of inheritance according to the laws of Macao. So, how do Hong Kong courts ascertain the laws of Macau? Typically, the court will require the applicant to submit to the court a Macau LawyerLegal opinion issued to analyze and explain this.
5. Surety Guarantee for inheritance application
If the applicant himself is not a Hong Kong resident, the Hong Kong court will require the applicant to provide a guarantee to confirm that after the court grants the letter of administration to the applicant, the applicant will comply with the provisions of the law and the court order, and distribute the estate to those entitled to inherit it in accordance with the law. other heirs. The guarantee can be provided by two Hong Kong residents or by a trust company in Hong Kong.
6. Notarization and certification of Macao documents
In order to apply for estate administration in Hong Kong, the applicant will need to provide relevant documents, such as the identity certificate of the deceased, the death certificate, the applicant’s identity certificate, etc. If these documents are issued by Macao government departments, they need to go through relevant notarization and certification procedures in Macao before they can be used in Hong Kong.